FALLON COUNTY RESOLUTION 1140 – INTENT TO SELL REAL PROPERTY

FALLON COUNTY RESOLUTION 1140

RESOLUTION TO SELL THE FOLLOWING REAL PROPERTY

WHEREAS, pursuant to Section 7-8-2521, MCA, the Board of County Commissioners (the “Board”) has authority to sell real property;

WHEREAS, the Board has adopted Resolution 2018-15 providing for the sale and disposition of County real property, and follows the procedures and guidelines set forth therein; and

WHEREAS, the Board has previously given notice of its intent to sell the real property and has considered input from the citizens of Fallon County, and has not heard any opposition to selling the property;

WHEREAS, the Board intends to sell the following real property as set forth below:  

1. An auction will be held on the 11th day of December, 2024 at 2:00 p.m. to sell the following real property:

Tract 1:

TOWNSHIP 7 North, RANGE 59 East, M.P.M., Fallon County, Montana

Section 15:  Parcel 1 as shown on COS 0110599, Book 1P at Page 393 of the records of Fallon County, Montana, containing +/-227.11 acres

EXCEPTING AND RESERVING UNTO THE COUNTY, A 60’ WIDE WATERLINE EASEMENT & RIGHT-OF-WAY which includes the right to enter upon the easement to grade, level, fill, drain, build, maintain, repair and rebuild a water line, together with such appurtenances as may be desirable within and across the ground embraced within the right-of-way, more particularly describes as follows:

WATERLINE EASEMENT – 60’ WIDE

AN EASEMENT LYING IN SECTION 15, T07N, R59E, FALLON COUNTY MONTANA, MPM MORE PARTICULARY DESCRIBED AS FOLLOWS:

ALL THAT PORTION OF A TRACT OF LAND BEING 30 FEET LEFT AND 30 FEET RIGHT OF THE FOLLOWING DESCRIBED CENTERLINE WITHIN SAID SECTION 15. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 15, THENCE S 3°50’38” E, ALONG THE EAST SECTION LINE, A DISTANCE OF 3001.69 FEET, TO THE POINT OF BEGINNING; THENCE S 86°09’22” W, A DISTANCE OF 7.73 FEET, THENCE S 5°32’50” W A DISTANCE OF 97.29 FEET, THENCE S 4°02’44” E, A DISTANCE OF 678.73 FEET; THENCE S 7°52’38” W, A DISTANCE OF 65.60 FEET; THENCE S 79°22’18” W, A DISTANCE OF 529.72 FEET; THENCE N 87°47’07” W, A DISTANCE OF 373.22 FEET; THENCE N 82°46’21” W, A DISTANCE OF 194.88 FEET; THENCE N 54°55’20” W, A DISTANCE OF 351.98 FEET; THENCE N 50°20’22” W, A DISTANCE OF 501.66 FEET; THENCE N 60°55’27” W, A DISTANCE OF 790.68 FEET; THENCE N 48°30’21” W, A DISTANCE OF 935.74 FEET; THENCE N 83°39’31” W, A DISTANCE OF 538.21 FEET; THENCE N 88°35’57” W, A DISTANCE OF 540.79 FEET; THENCE N 65°24’50” W, A DISTANCE OF 121.63 FEET; THENCE S 65°20’59” W, A DISTANCE OF 98.17 FEET.

**THE SAID EASEMENT IS 5,826.03’ (FEET) OR 353.09 RODS IN LENGTH, AS ATTACHED IN EXHIBIT 1.

• The auction will take place in the lobby of the Fallon County Courthouse at 10 W. Fallon Ave., Baker, MT.

• Property will be sold “as is”, with the exception for items specified in the sale notice, with no other warranties or guarantees, written or implied.

• The auction will be conducted by the Fallon County Sheriff.

• The County reserves any rights to any or all oil, gas, or other mineral or royalty interests; sand, gravel, clay, or other material; rights-of-way or easements for roads and utility lines shall remain in place.  The County reserves a waterline easement 60’ in width, more information will be provided upon request.

• Procedures and guidelines provided in Resolution 2018-15 will be followed including:
  • Property may not be sold for less than appraised value per §7-8-2513(5) MCA.  Appraisals, as required for lands estimated to be of $20,000 or more in value, will be made available for review in the Clerk & Recorders Office or copies may be requested and will be provided at the Clerk & Recorders Office for a $10.00 fee;
    • This property has been appraised  at $352,000.00
  • Provisions for absentee or alternative bid submittal:
    • In the event of a public auction held at the Courthouse, bids may be received in writing at or before the time of the sale and shall be opened and read aloud. 
    • The highest acceptable bid received, if any, shall serve as the opening bid for the appropriate parcel or parcels and the live auction shall commence from that point. 
    • Written bids should be delivered to Fallon County Clerk & Recorder, P.O. Box 846, 10 W. Fallon Ave. Baker, MT no later than the start time of the published auction. 
    • All bids submitted prior to the sale time must have payment of 25% of the bid amount included. 
    • If the bid is not accepted the payment will be returned.
  • Bid Security:
    • Accepted bids from all auctions will require non-refundable payment of 25% of the bid amount by close of business of the day of sale. 
    • The buyer has 60 calendar days from the date of sale to arrange closing and complete the transfer and make final payment. 
    • If for any reason, not the fault of Fallon County, the buyer does not meet the 60-day deadline, the 25% down payment will be retained by Fallon County and the bid automatically rejected, negating the sale.
  • All costs, with the exception of title insurance which will be paid for by Fallon County, related to the transfer of property, closing or otherwise will be the responsibility of the successful bidder.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF FALLON, MONTANA:

1. An auction will be held on the 11th day of December, 2024 at 2:00 p.m.;
2. The Property may not be sold for less than the appraised value of $352,000.00.
3. Interested persons may direct questions to or seek additional information from the Fallon County Clerk and Recorder’s Office by phone at (406) 778-7106.
4. The Clerk is directed to provide notice of this resolution in the manner required by §7-1-2121 MCA, and additionally ensure notice is posted on the Fallon County website, posted in the courthouse and notify all adjacent landowners by mail; 

Dated this 28th day of October, 2024.

FALLON COUNTY COMMISSIONERS, FALLON COUNTY, MONTANA

s/Steve Baldwin, Chair                               

s/Kevin Braun, Member

s/Roy Rost, Member

ATTEST:

s/Brenda J. Wood, Clerk and Recorder  

**Clerk’s note: Exhibit 1 can be obtained at the Clerk and Recorder’s office.